Sporer v. Secretary of Health and Human Services

In the United States Court of Federal Claims

OFFICE OF SPECIAL MASTERS

No. 14-475V Filed: March 11, 2015 (Not to be published)

*********************** MARLON SPORER *

*

Petitioner, * Attorneys’ Fees & Cost; Stipulation v. *

*

SECRETARY OF HEALTH * AND HUMAN SERVICES, *

*

Respondent. *

*

*********************** Gerard K. Ryan, Kelner & Kelner, New York, NY for petitioner.

Julia W. McInerny, United States Department of Justice, Washington, DC for respondent.

DECISION ON ATTORNEY FEES AND COSTS1

Gowen, Special Master:

In this case under the National Vaccine Injury Compensation Program,2 I issued a decision adopting the parties’ Proffer and awarding damages on February 23, 2015. On March 10, 2015, the parties filed a Stipulation of Fact concerning attorneys’ fees and costs [Fee Stip.]. Fee Stip., filed Mar. 10, 2015. Additionally, pursuant to General Order #9, petitioners’ counsel asserted that petitioner did not personally incur litigation costs in this matter. Id. at para. 4.

The parties’ stipulation indicates that respondent does not object to the amended amount of $16,416.12 that petitioner is requesting for attorneys’ fees and costs.

I find that this petition was brought in good faith and that there existed a reasonable basis for the claim. Therefore, an award for fees and costs is appropriate, pursuant to 42 U.S.C. §§ 300aa-15(b) and (e)(1). Further, the proposed amount seems reasonable and appropriate. Accordingly, I hereby award:

 a lump sum of $16,416.12 in the form of a check payable jointly to petitioner and petitioner’s attorney, Gerard Ryan, for petitioner’s attorneys’ fees and costs.

The clerk of the court shall enter judgment in accordance herewith.3 IT IS SO ORDERED. s/ Thomas L. Gowen Thomas L. Gowen Special Master